Cancellation of lease deed
satya prakash
(Querist) 26 April 2013
This query is : Resolved
Dear Sir
If we want to terminate a lease deed registered for 03 years after 01 years, where condition is that we should give one month notice to the owner of the property, than how to proceed further. plz suggest if cancellation of registered lease deed is required or simply notice to the owner a month in advance will serve the purpose.
M.Sheik Mohammed Ali
(Expert) 26 April 2013
if both party will accept one month notice, it will settle amicably, otherwise due process of law only way.
Raj Kumar Makkad
(Expert) 26 April 2013
The legal way is to provide legal notice and then to register cancellation deed.
Sri Vijayan.A
(Expert) 27 April 2013
The previous deed is registered; hence it is prudent to register the cancellation deed also.
prabhakar singh
(Expert) 27 April 2013
yes! you are rightly advised to register the cancellation deed also.
M V Gupta
(Expert) 30 April 2013
Strictly speaking the cancellation of lease (or surrender of lease) should be registered as the transaction in essence is giving up lease hold rights in immovable property. but in practice where the lease is for a short period parties are satisfied with notice of termination of lease and actual surrender of possession of the premises.
prabhakar singh
(Expert) 30 April 2013
What i meant to say is:
1.When mother document conferring right is registered although registration thereof was optional then it's cancellation should also be by a registered document.
2.A lease for period below a year is not required to be registered,but in case it was opted to be registered,then it's surrender should also be by a registered deed,even if not legally required,it is desirable.
